Terms of Use

Delightex GmbH

Elsenheimerstrasse 45
80687 Munich

Email: info@delightex.com
Phone: +49 89 21 55 35 490

Commercial register number: HRB 211204
USt.Id.: DE294909396
Local court: Amtsgericht Muenchen
Managing directors: Evgeny Belyaev
Responsible for the content: DelighteX GmbH (address like above)

1. User Agreement

1.1 These Terms of Use constitute an agreement between you and the CoSpaces Team that governs your use of cospaces.io and all associated services, including but not limited to the CoSpaces Studio and CoSpaces mobile apps (Android, iOS) (collectively "CoSpaces"). The CoSpaces Team is part of Delightex GmbH. Please read the Terms of Use carefully. By using CoSpaces you affirm that you have read, understood, and accepted the terms and conditions in the Terms of Use. If you do not agree with any of these conditions, please do not use CoSpaces.

1.2 Your privacy is important to us. Please read our Privacy Policy, which identifies how the CoSpaces Team uses, collects, and stores information it collects through the Services. By using CoSpaces, you additionally agree that you are comfortable with the CoSpaces Privacy Policy.

1.3 CoSpaces is open to children and adults of all ages, and we ask that you keep this in mind when using the CoSpaces services.

1.4 The CoSpaces Team may change the Terms of Use from time to time. You can always find the latest version of the Terms of Use at https://cospaces.io/maker/terms.html. The date of the most recent revisions will appear on this page. Your continued use of the Services constitutes your acceptance of any changes to or revisions of the Terms of Use.

2. Account Creation and Maintenance

2.1 In order to use some features of the Services, you will need to register with CoSpaces and create an account. Creating an account is optional, but without an account you will not be able to create, save or publish projects or comments on CoSpaces. When registering for a personal account, you will be asked to provide certain personal information, such as your email address. Please see the CoSpaces Privacy Policy for data retention and usage policies.

2.2 You are responsible for keeping your password secret and your account secure. If any use of your account violates the Terms of Use, your account may be suspended or deleted.

2.3 You may not provide your password to any other person or use any other person’s username and password.

2.4 If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure of your password), promptly change your password. If you cannot access your account to change your password, notify us at info@delightex.com.

2.5 CoSpaces Maker allows a maximum of 2 computer devices and a maximum of 2 mobile devices to be logged into the same account simultaneously.

3. Rules of Usage

3.1 The CoSpaces Team supports freedom of expression. However, CoSpaces is intended for a wide audience, and some content may be inappropriate for the CoSpaces community. You may not use the CoSpaces service in any way, that:

  1. Promotes bigotry, discrimination, hatred, or violence against any individual or group;
  2. Threatens, harasses, or intimidates any other person, whether that person is a CoSpaces user or not;
  3. Contains foul language or personal attacks;
  4. Contains sexually explicit or graphically violent material;
  5. Provides instructions on how to commit illegal activities or obtain illegal products;
  6. Exposes any other person's personally identifying information, contact information, or passwords without that person's permission.

3.3 You agree to comply with all applicable laws and regulations when you use CoSpaces. You may not use CoSpaces in any unlawful way, including to harass, stalk, or defame any other person.

3.4 You may not impersonate, imitate or pretend to be somebody else when using the Services.

3.5 You agree not to use CoSpaces in any way intended to disrupt the service, gain unauthorized access to the service, or interfere with any other user's ability to use the service. Prohibited activities include, but are not limited to:

  1. Posting content deliberately designed to crash CoSpaces;
  2. Linking to pages containing viruses or malware;
  3. Using administrator passwords or pretending to be an administrator;
  4. Repeatedly posting the same material, or "spamming";

3.6 Commercial use of CoSpaces, user-generated content, and support materials is permitted under the Creative Commons Attribution-ShareAlike 2.0 license. However, the CoSpaces Team reserves the right to block any commercial use of CoSpaces that, in the CoSpaces Team's sole discretion, is harmful to the community. Harmful commercial use includes spamming or repeated advertisement through projects, comments, or forum posts.

4. User-Generated Content and Licensing

4.1 For the purposes of the Terms of Use, "user-generated content" includes any projects, comments, forum posts, or links to third party websites that a user submits to CoSpaces.

4.2 The CoSpaces Team encourages everyone to foster creativity by freely sharing code, art, music, and other works. However, we also understand the need for individuals and companies to protect their intellectual property rights. You are responsible for making sure you have the necessary rights, licenses, or permission for any user-generated content you submit to CoSpaces.

4.3 Although the CoSpaces Team requires all users to comply with these Terms of Use, some inappropriate user-generated content may be submitted and displayed on the CoSpaces website. You understand that when you use CoSpaces you may be exposed to user-generated content that you find objectionable or offensive. If you see any content that violates the Terms of Use, please let us know by notifying us at info@delightex.com.

4.4 In addition to reviewing reported user-generated content, the CoSpaces Team reserves the right, but is not obligated, to monitor all uses of the CoSpaces service. The CoSpaces Team may edit, move, or delete any content that violates the Terms of Use without notice.

4.5 All user-generated content is provided as is. The CoSpaces Team makes no warranties about the accuracy or reliability of any user-generated content available through CoSpaces. The CoSpaces Team does not endorse any views, opinions, or advice expressed in user-generated content. You agree to relieve the CoSpaces Team of any and all liability arising from your user-generated content.

5. CoSpaces Content and Licensing

5.1 Except for any user-generated content, the CoSpaces Team owns and retains all rights in and to the CoSpaces code, the design, functionality, and architecture of CoSpaces, and any software or content provided through CoSpaces (collectively "the CoSpaces IP"). If you want to use CoSpaces in a way that is not allowed by these Terms of Use, you must first contact the CoSpaces Team. Except for any rights explicitly granted under these Terms of Use, you are not granted any rights in and to any CoSpaces IP.

5.2 CoSpaces provides support materials, including images, sounds, video, and sample code, to help users build projects. Support materials are licensed under the Creative Commons Attribution-ShareAlike 2.0 license. You may also use screenshots of CoSpaces under the same license. Please note that this does not apply to materials that are also trademarked by the CoSpaces Team or other parties as described in parts 5.4 and 5.5, below.The Creative Commons Attribution-ShareAlike 2.0 license requires you to attribute any material you use to the original author. When you use CoSpaces support materials, or screenshots of the CoSpaces website, please use the following attribution: "CoSpaces is developed by Delightex GmbH. See https://cospaces.io/".

5.3 The CoSpaces name, CoSpaces logo are Trademarks owned by the Delightex GmbH. Unless you are licensed by CoSpaces under a specific licensing program or agreement, you may not use these logos to label, promote, or endorse any product or service. You may use the CoSpaces Logo to refer to CoSpaces.

5.4 The CoSpaces support materials may contain images and sounds that are trademarked by third parties. The fact that materials are included in the CoSpaces support materials does not in any way limit or reduce intellectual property rights, including trademark rights, otherwise available to the materials' owners. Nothing in these Terms of Use or the Creative Commons 2.0 license will be construed to limit or reduce any party's rights in that party's valid trademarks. You may not use these materials to label, promote, or endorse any product or service. You are solely responsible for any violation of a third party's intellectual property rights caused by your misuse of these materials.

6. Digital Millennium Copyright Act (DMCA)

6.1 If you are a copyright holder and believe that content on CoSpaces violates your rights, you may send a DMCA notification to info@delightex.com.

6.2 If you are a CoSpaces user and you believe that your content did not constitute a copyright violation and was taken down in error, you may send a notification to info@delightex.com. Please include: 1. Your CoSpaces username and email address; 2. The specific content you believe was taken down in error; and 3. A brief statement of why you believe there was no copyright violation (e.g., the content was not copyrighted, you had permission to use the content, or your use of the content was a "fair use").

7. Suspension and Termination of Accounts

7.1 CoSpaces has the right to suspend your account for violations of the Terms of Use. Repeat violators may have their account deleted. The CoSpaces Team reserves the sole right to determine what constitutes a violation of the Terms of Use. The CoSpaces Team also reserves the right to terminate any account used to circumvent prior enforcement of the Terms of Use.

7.2 If you want to delete or temporarily disable your account, please email info@delightex.com.

8. Third Party Websites

8.1 Content on CoSpaces, including user-generated content, may include links to third party websites. The CoSpaces Team is not capable of reviewing or managing third party websites, and assumes no responsibility for the privacy practices, content, or functionality of third party websites. You agree to relieve the CoSpaces Team of any and all liability arising from third party websites.

9. Indemnification

You agree to indemnify Delightex GmbH, the CoSpaces Team, and all their affiliates, employees, agents, representatives, third party service providers, and members of their governing boards (all of which are "CoSpaces Entities"), and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys' fees) arising out of or related to your breach of the Terms of Service or your use of CoSpaces.For federal government agencies, provisions in the Terms of Use relating to Indemnification shall not apply to your Official Use, except to the extent expressly authorized by federal law.

10. Disclaimer of Warranty

You acknowledge that you are using CoSpaces at your own risk. CoSpaces is provided as is, and the CoSpaces Entities hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by CoSpaces. Without limiting the foregoing, the CoSpaces Entities disclaim any and all warranties, express and implied, regarding user-generated content. The CoSpaces Entities and their third party service providers do not represent or warrant that access to CoSpaces will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted through CoSpaces services.

11. Limitation of Liability

The CoSpaces Entities shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages of any kind, regardless of the type of claim or the nature of the cause of action, even if the CoSpaces Team has been advised of the possibility of such damages. Without limiting the foregoing, the CoSpaces Entities shall have no liability to you or any third parties for damages or harms arising out of user-generated content.

12. Choice of Language

If the CoSpaces Team provides you with a translation of the English language version of these Terms of Use, the Privacy Policy, or any other policy, then you agree that the translation is provided for informational purposes only and does not modify the English language version. In the event of a conflict between a translation and the English version, the English version will govern.

13. No Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the CoSpaces Team's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

14. Entire Agreement

This document, together with all appendices, constitutes the entire Terms of Use and supersedes all previous agreements with the CoSpaces Team relating to the use of CoSpaces. Revision date: November 16, 2016.